School Dist. No. 2, Fremont County v. Shuck

• Decision Date: 06 February 1911
• Citation: 49 Colo. 526,113 P. 511
• Parties: SCHOOL DIST. NO. 2, FREMONT COUNTY, v. SHUCK.
• Court: Colorado Supreme Court

113 P. 511

49 Colo. 526

SCHOOL DIST. NO. 2, FREMONT COUNTY, v. SHUCK.

Supreme Court of Colorado

February 6, 1911

Error to District Court, Fremont County; Morton S. Bailey, Judge.

Action by M. E. Shuck against School District No. 2, Fremont County. Judgment for plaintiff. Defendant brings error. Affirmed.

Suit by a school teacher against a school district to recover damages for an alleged breach of contract of employment. Plaintiff alleges that defendant, a district of the first class employed him as principal of its high school at Florence for one year from May 31, 1905, to May 31, 1906, at $1,200; that he was duly licensed by its board of directors and taught until February 14, 1906, when said board notified him it had revoked his certificate the previous day, and he was prohibited from teaching without a license; that he had no notice or opportunity to be heard.

The answer has five separate defenses. The first denies all allegations not admitted; admits he was employed as claimed. The second and third defenses plead fraud in procuring said certificate and making said contract, in that plaintiff represented his moral character was good when it was bad which deceived the board. The fourth alleges rumors in the neighborhood that plaintiff's moral character was bad that members of the board made personal inquiries and reported to the board there was some foundation for such rumors, whereupon the board gave plaintiff 30 days' leave of absence with instructions to clear said matter up; that having failed to do so, the board revoked his certificate. The fifth defense alleges that plaintiff seeks to recover for the months of April, May, and June, when he was without a certificate after February 18th. General demurrers were sustained to the second, third, fourth, and fifth defenses and defendant elected to stand upon its answers.

At the trial, said certificate, contract, and a notice were put in evidence as follows:

'Teacher's Contract.

'This agreement, made and entered into this 10th day of May, A. D. 1905, by and between school district No. 2, Fremont county, Colorado, acting by and through its board of directors, duly authorized, party of the first part, and Prof. M. E. Shuck, party the second part, witnesseth:

'The said Prof. M. E. Shuck promises and agrees faithfully and diligently and with his best professional skill to fill the position, and discharge the duties of principal of the high school of school district No. 2, of Fremont county, Colorado, for the period of one year, being from May 31, 1905, until May 31, 1906, conducting said high school during the school months of said term, (or during such period as the course of study, or the board of directors may require,) for the sum of twelve hundred ($1,200) dollars, payable in monthly installments of one hundred ($100) dollars each.

'In consideration, of which services as principal of said high school as aforesaid, to which said position the said Prof. M. E. Shuck is hereby employed, the said school district No. 2 promises and agrees to pay to the said Prof. M. E. Shuck the full sum of twelve hundred ($1,200) dollars in monthly installments of one hundred ($100) dollars each; said term to begin May 31, 1905, to continue to May 31st, 1906; said monthly installments of $100 each to be paid at the usual time of each month, adopted by the said board of directors, for the payment of teachers.

'Witness the hands and seals of the respective parties hereto, said school district by its board of directors in regular meeting duly assembled, signed by the president thereof, the day and year first above written.

'School District No. Two,

'M. E. Lewis, [Seal]

'Pres, of Board of Directors.

'M. E. Shuck.'

'Florence Public Schools,

'District No. 2, Fremont County, Colo.

'Teacher's City Certificate.

'No. 59.

'M. E. Shuck, having furnished satisfactory evidence of a good moral character, scholarship and experience, is entitled to a certificate of the high school class, first grade, and is hereby licensed to teach in the city schools of district No. 2, Florence, Colorado, for the term of 36 months from date. Board of Education,

'W. L. Morris, President.

'Frank A. Moore, Secretary.

'M. E. Lewis.

'F. R. Moore.

'Greeley Draper.

'Date, December 5, 1904.

'Alfred Durfee, Superintendent.

'This license is in force only during term of active and continuous employment in schools.'

'Florence High School,

'M. E. Shuck, Principal.

'Florence, Colo., 2-14, 1906.

'Board of Ed., Dist. No. 2, Florence, Colo.:

'Since I hold the action of the Board in passing resolutions to revoke my certificate without just cause having been shown to be illegal, I shall hold myself in readiness to fulfill my contract with District No. 2, and shall hold the District for their part of the contract.

'M. E. Shuck, Principal High School.'

Lee Champion and Joseph D. Blunt, for plaintiff in error.

A. L. Jeffrey and Edward H. Stinemeyer, for defendant in error.

GARRIGUES, J. (after stating the facts as above).

There are only two questions in the case: First, were the demurrers properly sustained; second, is the judgment right. Both must be answered in the affirmative. The second and third defenses plead fraud in procuring said certificate and contract, in that plaintiff represented himself a man of good moral character, whereas his character was bad. Fraud cannot be pleaded this way generally. The acts or things constituting fraud must be set out. Saying one's character is bad is the pleader's conclusion. His...